On May 12, 2025, the U.S. Environmental Protection Agency (EPA) announced an amendment delaying the data submission period for the Toxic Substances Control Act (TSCA) PFAS reporting rule, which will now begin on April 13,...more
In putting together our thoughts on this post, it was hard not to think about the elephant in the room (see what I did there?). The change in administration has already brought significant changes in our nation’s...more
2/20/2025
/ Climate Change ,
Disclosure Requirements ,
Enforcement Actions ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Manufacturers ,
PFAS ,
Regulatory Agenda ,
Regulatory Reform ,
Securities and Exchange Commission (SEC) ,
State and Local Government ,
Toxic Chemicals
EPA recently issued its long-awaited rule designating perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as hazardous substances under the Comprehensive Environmental Response, Compensation and Liability...more
PFAS — perfluoroalkyl and polyfluoroalkyl substances — have been on the scene for years now, but we expect to see exponential growth in all things PFAS in 2024....more
The EPA is seeking comments on a newly released, revised guidance document regarding the consideration of environmental justice (EJ) concerns in the rulemaking process. The guidance document updates a 2016 version and...more
This week, we wrap up our forecast of annual trends with a focus on environmental, health, and safety issues that we expect many manufacturers may face this year.
1. ESG Developments...more
1/25/2023
/ CERCLA ,
Climate Change ,
Critical Infrastructure Sectors ,
Environmental Policies ,
Environmental Social & Governance (ESG) ,
Manufacturers ,
Manufacturing Facilities ,
OSHA ,
PFAS ,
Public Health ,
Regulatory Requirements
The State of California has always been a leader in regulating chemical ingredients contained in products sold in the state (think Prop 65), and it has turned its sights towards per- and polyfluoroalkyl substances (PFAS)....more
11/10/2022
/ California ,
Cosmetics ,
Environmental Policies ,
Fashion Industry ,
Hazardous Substances ,
Manufacturers ,
New Legislation ,
PFAS ,
Public Health ,
Regulatory Reform ,
Regulatory Requirements ,
Retail Market ,
Textiles ,
Toxic Chemicals ,
Toxic Exposure
Earlier this month, EPA set new lifetime health advisories for four per- and poly-fluoroalkyl substances (PFAS) – in some instances at levels lower than those that can be detected through laboratory testing. The new health...more
6/23/2022
/ Contamination ,
Discharge of Pollutants ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Hazardous Substances ,
Manufacturers ,
New Guidance ,
PFAS ,
Public Health ,
Toxic Chemicals ,
Toxic Exposure
True to its word, the SEC released its proposed rule, The Enhancement and Standardization of Climate-Related Disclosures for Investors, last week. The rule would require companies to disclose a wide variety of climate-related...more
3/28/2022
/ Annual Reports ,
Climate Change ,
Comment Period ,
Corporate Governance ,
Corporate Social Responsibility ,
Disclosure Requirements ,
Environmental Social & Governance (ESG) ,
Financial Statements ,
Greenhouse Gas Emissions ,
Manufacturers ,
Proposed Regulation ,
Publicly-Traded Companies ,
Regulatory Agenda ,
Securities and Exchange Commission (SEC) ,
Securities Regulation
While we await the SEC’s proposed rules regarding mandatory climate change disclosures (signaled to be coming as soon as next Monday, March 21), the SEC has been digging in to company filings to scrutinize how, if at all, its...more
Last week, Jeff kicked off our 2022 outlook for manufacturers, covering corporate compliance and litigation. This week, I am turning to the environmental, health, and safety issues that may occupy the minds and the time of...more
1/20/2022
/ Coronavirus/COVID-19 ,
Discharge of Pollutants ,
Environmental Justice ,
Environmental Social & Governance (ESG) ,
General Duty Clause ,
Health & Safety Standard ,
Infectious Diseases ,
Manufacturer Liability ,
Manufacturers ,
Manufacturing Facilities ,
OSHA ,
PFAS ,
Pollution Control ,
Popular ,
Workplace Safety
We take a break from our regularly scheduled “2022 outlook” programming to bring you breaking news on the seesaw that is the enforcement of OSHA’s Emergency Temporary Standard (ETS) regarding COVID-19 vaccination or testing....more
1/17/2022
/ Biden Administration ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employer Mandates ,
Infectious Diseases ,
Lack of Authority ,
Manufacturers ,
National Federation of Independent Business v Department of Labor and OSHA ,
OSHA ,
SCOTUS ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On December 21, 2021, the U.S. Supreme Court took its first step into the fray over federal vaccine mandates. As we have previously posted, legal challenges to the Biden administration’s various vaccine mandates have been...more
12/23/2021
/ Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Healthcare Workers ,
Infectious Diseases ,
Manufacturers ,
Motion to Dissolve ,
Multidistrict Litigation ,
OSHA ,
Petition for Writ of Certiorari ,
SCOTUS ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
Last week, a shareholder of Danimer Scientific, Inc., filed a derivative suit against the company’s executives and board members, alleging that overstated sustainability claims led to millions of dollars in market...more
10/15/2021
/ Biodegradable ,
Breach of Duty ,
Corporate Counsel ,
Corporate Governance ,
Derivative Suit ,
Disclosure Requirements ,
Environmental Claims ,
Fiduciary Duty ,
Greenwashing ,
Manufacturers ,
Material Misstatements ,
Shareholders ,
Statutory Violations ,
Stock Prices ,
Unjust Enrichment
Last month, Maine signed the nation’s first packaging-based extended producer responsibility program into law, signaling a possible sea change in the way we handle recycling in the United States....more
On June 21, 2021, OSHA made big news by publishing its COVID-19 Emergency Temporary Standard for the Healthcare Industry (ETS). While the ETS does not apply to most manufacturing facilities, OSHA also updated its general...more
Growing evidence suggests that corporate focus on ESG—Environmental, Social, and Corporate Governance—may offer short- and long-term advantages to both companies and investors. These advantages are in addition to and apart...more
4/23/2021
/ Business Plans ,
Business Strategies ,
Capital Investments ,
Corporate Governance ,
Corporate Social Responsibility ,
Disclosure Requirements ,
Environmental Social & Governance (ESG) ,
Investment Management ,
Manufacturers ,
Publicly-Traded Companies ,
Sustainability
This week, we continue with our 2021 outlook series with a focus on environmental, health, and safety. This year brings a new Presidential administration, and with it will come a host of new programs, as well as some new...more
1/15/2021
/ Biden Administration ,
Climate Change ,
Coronavirus/COVID-19 ,
Environmental Policies ,
Health and Safety ,
Infectious Diseases ,
Manufacturers ,
Manufacturing Facilities ,
OSHA ,
PFAS ,
Regulatory Reform ,
Workplace Safety
As we previously reported, EPA published a PFAS Action Plan in 2019 designed to enhance and improve data gathering, regulatory development, enforcement, and communication related to per- and polyfluoroalkyl substances (PFAS)....more
12/4/2020
/ Clean Water Act ,
Contamination ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Manufacturers ,
NPDES ,
Public Health ,
Regulatory Oversight ,
Stormwater Discharge Permits ,
Wastewater ,
Water Quality
As COVID-19 cases have continued to rise across the United States, so have COVID-related OSHA complaints and investigations. OSHA has been tracking statistics on COVID-related complaints, referrals, inspections, and citations...more
Since at least March, manufacturers, and the entire U.S. economy, have been experiencing unprecedented conditions as a result of the COVID-19 pandemic. COVID-19 has not only changed where and how manufacturers operate, but...more
9/4/2020
/ Coronavirus/COVID-19 ,
Employer Liability Issues ,
Health & Safety Standard ,
Infectious Diseases ,
Manufacturers ,
Manufacturing Facilities ,
OIG ,
OSHA ,
Whistleblowers ,
Workplace Hazards ,
Workplace Injury ,
Workplace Safety
Last week, OSHA issued guidance on preparing workplaces for COVID-19. The guidance provides recommendations to help employers plan for the impact of COVID-19 on their businesses, workers, customers, and the public....more
Welcome to 2020! As always, we at the Manufacturing Law Blog are starting the year with our annual forecasts of hot topics....more
1/10/2020
/ Air Quality Standards ,
Bodily Injury ,
Clean Water Act ,
Employer Liability Issues ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Failure to Comply ,
Health & Safety Standard ,
Inspection Rights ,
Manufacturers ,
Manufacturing Equipment ,
Manufacturing Facilities ,
National Enforcement Initiatives (NEIs) ,
Occupational Exposure ,
OSHA ,
PFAS ,
Policies and Procedures ,
Safety Inspections ,
Strict Compliance ,
Water Quality ,
Workplace Hazards ,
Workplace Injury ,
Workplace Safety ,
Wrongful Death
Earlier this year, we wrote about EPA’s PFAS Action Plan, the agency’s blueprint for addressing contamination and protecting public health from per- and polyfluoroalkyl substances (PFAS). ...more
12/6/2019
/ Comment Period ,
Compliance Monitoring ,
Contamination ,
Drinking Water ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Groundwater ,
Hazardous Substances ,
Health and Safety ,
Manufacturers ,
Manufacturing Facilities ,
National Action Plan ,
PFAS ,
Public Comment ,
Regulatory Agenda ,
Reporting Requirements ,
Right To Know ,
Rulemaking Process ,
Toxic Chemicals
Yesterday, OSHA issued a final rule approving two additional quantitative fit testing protocols for inclusion in appendix A of the Respiratory Protection Standard. These protocols are....more